Our Booking Terms & Conditions
Please read carefully
The purchase of any tour services offered by Stunning Destinations safaris (the “Company”, “We” or “Us”) are subject to, and conditioned upon, the terms and conditions set out herein (the “General Terms and Conditions”). Please read the following information carefully. In order for a booking to be completed, you, the customer (the customer (“You” or “Your”) must indicate you accept these General Terms and Conditions by confirming your booking as set forth below. You are advised to check the Company’s website located at www.stunningdestinationssafaris.com.
Your continued use of the website also indicates your acceptance to our terms and conditions, and if you do not agree to such terms, you must not use the Website.
We believe in serving our clients with utmost honesty and therefore you can contact us via telephone or write to us with your queries and we will be delighted to answer or clarify anything.
1. The Tour Contract
1.1 Travel Confirmation
1.1.1: After your initial inquiry and finalizing with our consultants on your proposed itinerary via email or travel confirmation document, you will be sent a booking form. After completing the booking form and making the required deposit, you will be issued with a final travel confirmation which forms a Tour Contract between you and us. This Confirmation will include (i) all details of your travel arrangements, (ii) any additional terms and conditions to Your travel arrangements, if any, (iii) policy statements issued by the Company, including a link to these General Terms and Conditions, and (iv) an invoice for Your tour.
1.1.2: Your completion of the booking form and or deposit payment is an acceptance of the Travel Confirmation and an acknowledgement that you have read and accepted these General Terms and Conditions, creating the contract between You and the Company with respect to the tour (the “Tour Contract”). The terms and conditions of the accepted Travel Confirmation and these General Terms and Conditions are the terms and conditions of the Tour Contract.
1.2 Mode of Confirmation
1.2.1: You may confirm a booking by completing and submitting the booking form provided with your trip proposal or by your consultant and by making the prerequisite deposit.
1.3 Confirmation on behalf of other travelers
1.3.1: You also confirm a booking on behalf of all the travelers listed in the Tour Contract (the “Other Travelers”) to the extent such travelers do not receive their own Travel Confirmations and submit their own booking confirmations. It is your sole responsibility to inform all other parties traveling under your booking of the contents of the Tour Contract. The terms “You” and “Your” as used in these General Terms and Conditions include other Travelers.
1.3.2: You shall cause such other parties to be advised of, review, and accept the terms and conditions of the Tour Contract, and you acknowledge such other parties have been advised of, reviewed, and hereby accept the terms and conditions of the Tour Contract. You will also cause Other Travelers to comply with the Tour Contract.
2. Payment
2.1 Tour Price
2.1.1 The invoice included in the Travel Confirmation contains details of the costs associated with the tour (“Tour Price”), which includes the cost of the products and services of our tour, other related expenses and all applicable taxes.
2.1.2 You shall make payments in accordance with the following schedule by wire transfer to our bank account or by credit card using a secure payment link or as may be advised.
(i). Upon Your confirmation of the booking, thirty percent (30%) of the total invoiced price of the tour is due as an advance to confirm the booking.
(ii). The remaining seventy percent (70%) of the invoiced price is due at least 60 days prior to the start of the tour.
(iii). If the booking is accepted within sixty (60) days of the proposed date of departure, then we will require hundred percent (100%) of the invoiced price of the tour is due upon confirmation of the booking.
2.2 Delivery of Relevant Travel Documents by the Company
2.2.1: One month before your trip starts the company will send you the travel confirmation and any other travel documents for the tour either by email or via mobile app.
2.3 Revision of Prices; Exchange Rates
2.3.1: In the event that the prices quoted in the invoice accompanying the Travel Confirmation or email need to be revised due to an error or miscalculation – human or technical, the Company may charge or claim the additional payment from you or refund the excess amount to you within a reasonable period of time.
2.3.2: The estimated prices of travel itineraries mentioned on the Company website at www.stunningdestinationssafaris.com are subject to change.
2.3.3: If applicable, the Tour Price is calculated based on the then current exchange rate on the date of the Tour Contract and once you accept the Travel Confirmation, there shall be no revision except to the extent set forth in clause 2.3.1.
3. Services
3.1 Details of Services Provided.
3.1.1: The Company agrees to provide to you the services described in the service description included in the Travel Confirmation or email confirmation.
3.2 Applicability of Local Laws to the Services provided.
3.2.1 The tours and services provided by the Company are subject to the applicable laws, rules and regulations of the countries of travel and You and us are bound to operate in accordance with such laws, rules and regulations.
4. Tour Contract Amendment by The Company
4.1 Right to amend in Services
4.1.1: We reserve the right to alter the tour services described in the Travel Confirmation after Your acceptance of the Tour Contract in accordance with this Section 4.
4.1.2: The changes may be made by the Company as a result of (i) cancellation of certain bookings and reservations by third party service providers, (ii) non-availability of certain features, packages or other services requested by You, or (iii) the unavailability of third party service providers due to cessation of business, insolvency, death, infirmity or any other reason whatsoever or (iv) a Force Majeure Event, as defined in Section 6.
4.1.3: We will make a reasonable effort to notify You of any such developments in advance of Your tour.
4.1.4: We will also make such changes in good faith, keeping in mind your interests and preferences with a goal to keep in line with the overall plan of the tour.
4.1.5: If we make a material change in Your tour as a result of the above, you may elect to accept the changed itinerary per clause 4.2 or to cancel the entire tour package, subject to any applicable policies with respect to cancellations, charges and refunds as set forth in these General Terms and Conditions.
4.2 New Tour Contract
4.2.1: If You accept a changed itinerary as provided in clause 4.1.5, the Company will provide to You a new Travel Confirmation or email confirmation incorporating the changes. If acceptance of the new Travel Confirmation requires you to make any additional or further payments, the Company shall also issue a new invoice incorporating such changes.
4.3 Acceptance of the New Tour Contract
4.3.1: Should you choose to accept the changed Travel Confirmation and any revised charges associated therewith; the new Tour Contract and the new invoice shall replace the old Tour Contract and invoice and will be the contract that binds you.
4.3.2: If You choose to cancel the original Tour Contract and not accept the new Travel Confirmation, You will be entitled to a refund of the costs already tendered by You to the Company after deduction of all service, consultancy and advisory charges, including all expenses incurred by the Company in providing these services and all other cancellation charges (if any) for the bookings and reservations of third party services and products, including but not limited to flight tickets and hotel reservations.
5. Cancellations, Changes to Booking and Applicable Charges and Refunds
5.1 Cancellation of or Changes to the Tour Contract by You
5.1.1: You may cancel or change the Tour Contract any time before the start of the tour by providing written notice to the Company, subject to the cancellation policy in clause 5.2 below.
5.1.2: The date of cancellation or change is the date on which the company receives notice of Your cancellation or change request.
5.1.3: Any changes to the tour requested by You and accepted by the Company, including advancements or postponements of tour dates, shall constitute a change to the Tour Contract and will be subject to the cancellation rates in clause 5.2 below only with respect to the amount of the Tour Price allocated to the part(s) of the tour that had to be canceled to effect the change. In addition, any additional costs associated with the change (e.g., higher rates on new tour dates) shall be borne 100% by You.
5.2 Charges Relating to Cancellation or Change
5.2.1: Subject to clause 5.1.3, all refunds in the event of cancellation or change of a Tour Contract by You, including but not limited to any such cancellation or change due to a Force Majeure Event (as defined in Section 6) shall be subject to the following charges:
Time of cancellation or change and cancellation or change fees:
● 91 or more days prior to the start date of the tour – 20% of the Tour Price plus any other charges as set in clause 5.2.2
● 61-90 days prior to the start date of the tour – 30% of the Tour Price
● 60 days or less prior to the start date of the tour – 100% of the Tour Price
● Cancellation / shortening / unused portion of tour after start of tour (including date of commencement of the tour) – 100% of the Tour Price
5.2.2: The cancellation of or changes to international or regional flights booked by the Company as part of Your tour may be subject to different terms and conditions from those provided above and any and all such fees or charges will be borne fully by You. Additionally, some services in your itinerary may charge a higher cancellation fee, in which case such fees will be borne fully by you.
5.3 Disbursement of Refund Amount
5.3.1: The Company will disburse any applicable refund amount within thirty (30) days of the receipt of the request or instruction to cancel or change the tour.
6. Cancellation or Change of the Tour Contract due a Force Majeure Event
6.1.1: We will not be liable or responsible, nor be deemed to have breached the Tour Contract, for any failure or delay in fulfilling or performing any term or all or part of the Tour Contract when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company (“Force Majeure Event”) including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Company’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
6.1.2: For the avoidance of doubt, a Force Majeure Event also includes (a) the occurrence of any pandemic, epidemic or prevalent disease or illness with an actual or probable threat to human life as may be designated or determined by any local, city, county or state governmental entities, as applicable, the World Health Organization (WHO) including, without limitation, coronavirus, a typical pneumonia, Severe Acute Respiratory Syndrome (SARS), or avian influenza, or (b) adherence to any travel restriction, warning or advisory issued in relation thereto by any local, city, county or state governmental entities, as applicable, or the World Health Organization (WHO) or (c) any quarantine or similar measure taken in relation thereto by any governmental agency or authority to prevent the spread of any communicable disease, or (d) any unavailability of any resources, information or services resulting from any of the foregoing including, without limitation, the unavailability of resources, information or services due to any governmental shut-downs or the unavailability or resources, information or services due to a shut-down, quarantine or similar measure of any third-party service provider whose service or information is relied upon by the Company to fulfill the Company’s obligations with respect to the tour, including any obligations under the Tour Contract.
6.1.3: In the event that a Force Majeure Event, the Company may, in its sole discretion, choose to cancel the tour and terminate the Tour Contract. In the event of such cancellation or termination due to a Force Majeure Event, the Company shall not be liable to pay any refund, compensation, interest or damages to You and You will be liable to pay costs for the services and products utilized until the date of such termination. Where such cancellation or termination due to a Force Majeure event occurs after the tour has commenced, the Company will take reasonable measures to bring You back to Your point origin if the Tour Contract includes a return journey. However, any additional costs for the return journey will be borne solely by You.
6.1.4: Where a tour is temporarily suspended due to a Force Majeure Event, you shall not be entitled to any refunds from the Company, including, but not limited to any refunds for limitation and/or non-availability of certain services including museums, restaurants, sightseeing, shopping etc. even though included in Your tour itinerary.
7. Liability of the Company for third party acts
7.1.1: We take no responsibility for, and we are not liable for, any loss of life, limb, property, money, sickness, delay, discomfort or hardships sustained by You on account of any act or omission of any third party, including third party service providers hired or booked by us to provide services for the tour.
7.1.2: In addition, we also take no responsibility for, and the Company is not liable for, any act or omission of any of Your co-travelers, or any resulting injury, damage, danger to life, limb or property, delay or hardships to You.
8. Representation and Warranty; Disclaimer of Warranties
8.1.1: We warrant to You that we shall perform the services described in the Tour Contract using personnel of required skill, experience and qualifications and in a manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet our obligations under the Tour Contract.
8.1.2: We shall not be liable for a breach of the warranty set forth in clause 8.1 unless You give written notice of the defective services, reasonably described, to us within two days of the time when You discover or ought to have discovered that the services were defective.
8.1.3: Subject to clause 8.2, we shall, in our sole discretion, either:
8.1.4: Correct such services (or the defective part); or
8.1.5: Credit or refund the amount of the Tour Price allocated to such services.
8.1.6: The remedies set forth in clause 8.3 shall be Your sole and exclusive remedy and company’s entire liability for any breach of the limited warranty set forth in clause 8.1.
8.1.7: Except for the warranty set forth in clause 8.1 above, we make no warranty whatsoever with respect to the services, including any (a) warranty of merchantability; or (b) warranty of fitness for a particular purpose; or (c) warranty of title; or (d) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade or otherwise.
9. Limitation to liability
9.1.1: In no event shall we be liable to you, other travelers or to any third party for any loss of use, revenue or profit, or for any consequential, incidental, indirect, exemplary, special or punitive damages whether arising out of breach of contract, tort (including negligence) or otherwise, regardless of whether such damage was foreseeable and whether or not such party has been advised of the possibility of such damages, and notwithstanding the failure of any agreed or other remedy of its essential purpose.
9.1.2: In no event shall our aggregate liability arising out of or related to this agreement, whether arising out of or related to breach of contract, tort (including negligence) or otherwise, exceed the aggregate amounts paid or payable to the company pursuant to the tour contract, subject to applicable law.
10. Obligation to cooperate
10.1 Cooperation with third party service providers
10.1.1: You are obliged to cooperate with the personnel of third-party service providers, airline staff, hotel staff, adventure activities instructors, tour guides, the local tour management and other service providers during Your tour.
10.1.2: You shall cooperate and assist such third parties to mitigate or avoid any damages or keep such damages at a minimum in case there is any disruption of services.
10.1.3: If You have any concerns or grievances with respect to third party service providers, You must immediately inform us, who will evaluate the situation and take action to remedy the situation at our own discretion
10.2 Transactions entered into by You as an individual
10.2.1: You are responsible and liable for all the transactions and purchases made by You on Your tour and we shall not be liable for any of such transactions or purchases unless they are made through the Company.
10.2.2: We will not censor, screen or otherwise control any such transactions or purchases nor will we evaluate whether such transactions are legal and valid under the law of any jurisdiction.
10.3 Compliance with applicable laws
10.3.1: You also agree to comply with all applicable laws, rules and regulations and codes of conduct regarding use of the services, products and other facilities in any country, state, city or locality You visit as part of a tour.
10.3.2: In the event of any violation of any applicable laws, rules, regulations and codes of conduct of any country, state, city or locality You visit by You, you will also be liable for any prosecution, penalties or any other disadvantage to You. We shall bear no responsibility or be liable in any manner for Your actions or omissions.
10.4 Accuracy of Information provided by You.
10.4.1: You represent, warrant and covenant that you have provided, and will provide, the Company only accurate and complete information, and You have not and will not misrepresent or conceal any relevant facts.
10.5 Competence to contract
10.5.1: You agree that You are an adult of legal age to enter into a binding agreement with the Company and do not fall under any of the categories of persons disqualified from or incompetent to enter into binding contracts.
10.5.2: You also agree you are not barred from using any services provided hereunder pursuant to the laws of any country You wish to travel to, or other applicable laws.
11. Passport and Visa
11.1 Passport and Visa Requirements
11.1.1: It is your responsibility to ensure that you hold a passport which is valid for a minimum period of six (6) months after the date of return of your trip.
11.1.2: You should acquaint yourself with all requisite information and details relating to visa requirements and the rules and norms governing travel in the country you wish to visit.
11.1.3: You are required to obtain Your own visa. However, in limited circumstances, we may facilitate procuring a visa on Your behalf, if the Company agrees.
11.1.4: The cost of procuring your visas is not included in the Tour Price stated in any proposals or trip itineraries sent to You by the Company.
11.2 Liability of the Company in the event of Delegation to obtain Your Passport or Visa
11.2.1: In the event you request us acquire passport or visa documents on Your behalf and we agree to, we shall not be responsible for the non-issuance of such documents or for any delay or other related act or omission or for any loss, expense, damage or cost resulting therefrom. You acknowledge that the Embassies, Consulates, High Commissions or the sovereign governments of countries have the sole sanctioning power and ability to issue and grant visas, immigration clearances and other official permits.
11.2.2: It is also your responsibility to submit to the Company any application in the prescribed format and accurately completed and with the necessary and relevant documents and photographs within the time specified to enable the Company to secure Your visa and other possible permits. It is Your responsibility to review the same after issuance so as to check for irregularities and errors.
The Company shall not be liable for any application for a visa made by You or the Company on Your behalf that is rejected by the concerned Embassy, Consulates, High Commissions or Authorities due to insufficient and /or inaccurate supply of documents or any other reason whatsoever.
11.2.3: The Company shall also not be liable for any typographical error, misprint or mistake in the name, type of visa, duration of the visa and other details contained therein.
11.2.4: In the event that You are unable to travel on the tour booked by You, due to rejection or non-issuance or issuance of a defective visa by the concerned Embassy, You may choose to cancel or postpone the tour in accordance with clause 5.
12. Conflict Resolution & Arbitration
12.1: In the event you may have a complaint regarding us or a dispute that relates the tour contract, we encourage you to complain directly to the managing director in a bid to try and resolve this as soon as possible.
12.2: All disputes and claims that each may have against the other that arise out of or relate to the Tour Contract including the breach, termination, enforcement, interpretation or validity of these General Terms and Conditions, including the agreement to arbitrate (the “Arbitration Agreement”) including but not limited to the arbitrability of any and all Disputes will be resolved in a binding, confidential, individual and fair arbitration process.
12.2.1: A single mediator to be agreed between you and us within thirty (30) days of the dispute arising and the mediation process to be finalized not later than thirty (30) days thereafter or;
12.2.2: A single arbitrator agreed between us, to be appointed within thirty (30) days of the dispute arising. If we cannot agree, either party will refer the dispute to the Chairman of the Chartered Institute of Arbitrators (Kenya Branch) whose decision will be binding on you and us. The arbitral award will be final. If the dispute is not referred to the arbitration process within twelve (12) months we will assume you have abandoned the dispute or claim.
12.3: This Arbitration Agreement will survive the termination of this Agreement.
12.4: If either You or the Company wants to arbitrate a Dispute, the party desiring arbitration must first send by mail to the other a written Notice of Dispute (“Notice”) that sets forth the name, address, and contact information of the party giving notice, the specific facts giving rise to the Dispute, the tour to which the Notice relates, and the relief requested. Your Notice to the Company must be sent by mail to sales@stunningdestinationssafaris.com . We will send any Notice to You at the contact information we have for You or that You provide to us at the time of booking. It is the sender’s responsibility to ensure that the recipient receives the Notice. During the first 45 days after one party sends a Notice to the other, the parties may try to reach a settlement of the Dispute. If the parties do not resolve the Dispute within those first 45 days, either party may initiate arbitration as set forth herein.
12.5: Any arbitration between the parties will be conducted by the Chartered Institute of Arbitrators, Kenya and will be governed by The Chartered Institute of Arbitrators Arbitration Rules
12.6: Each party agrees to maintain the confidential nature of any mediation and arbitration proceeding and shall not disclose the fact of the proceeding, any documents exchanged as part of the proceeding, the agreement, the arbitrator’s decision and the existence or amount of any agreement or award, except as may be necessary to prepare for or conduct the arbitration (in
which case anyone becoming privy to confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or court order.
This clause however does not prohibit you from seeking any other redress in the High Court of Kenya.
13. Governing Law; Jurisdiction
13.1.1: All matters arising out of or relating to the Tour Contract are governed by and construed in accordance with the laws of the Republic of Kenya without giving effect to any choice or conflict of law provision or rule (any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the Republic of Kenya.
13.1.2: Any legal suit, action or proceeding arising out of or relating to the Tour Contract shall be instituted in the courts of the Republic of Kenya and each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action or proceeding.
13.2: Waiver of Jury Trial; Class Action Waiver; Time Limit for Claims
13.2.1: Our General Terms and Conditions provide for the exclusive resolution of disputes through individual legal action on Your own behalf instead of through any class action. Even if the applicable law provides otherwise, You agree that any legal action against the Company whatsoever shall be litigated by You, individually, and not as a member of any class or as part of a class action, and You expressly agree to waive any law entitling You to participate in a class action.
13.2.2: The Company is not be liable for claims, actions, or losses for bodily injury, emotional injury or distress, property damage, wrongful death, loss of services, lost profits, consequential, exemplary, indirect or punitive damages or otherwise which may arise out of or occur out of these General Terms and Conditions.
14. Indemnity.
14.1.1: In the event of any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You ,You agree to indemnify and hold harmless the Company, its affiliates, directors, executives, employees, agents and other officers, and their respective successors and assigns from and against any and all losses, liabilities, claims, damages, costs or expenses of any kind (including reasonable attorney fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred or that may be payable by virtue of pursuant to the Tour Contract.
14.1.2: The indemnity contained in the above sub-clause is without prejudice to and in addition to any remedies or other rights provided by law and/or statute and/or under any other provision of the Tour Contract.
15. Intellectual Property Rights – Company Website
15.1.1: The Website includes a combination of content created by the Company, its partners, licensors and associates.
15.1.2: The intellectual property rights on our Website and services including (but not limited to) written content, photographs, graphics, images, illustrations, advertisements, trademarks, service marks, logos, audio or video clippings and Flash animation (“Intellectual Property Rights”), are owned by the Company, its partners, licensors and/or associates.
15.1.3: You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Intellectual Property Rights, information, software, products or services obtained from the Company without the express prior written consent from the Company.
16. Insurance
16.1 As a company, we have no liability.
16.1.1: Unless we specifically state on any service or product, obtaining sufficient insurance coverage is your sole obligation and option and we will not be subject to any liability arising out of Your choice to purchase insurance coverage, whether such purchase is through the Company or a third party.
16.2 Insurance provided by Third Party
16.2.1: In the event we purchase an Insurance, as a part of the service that is provided through a third-party insurance company,
the service shall be subject to the terms and conditions of the insurance company and all requests for service under the insurance policy must be filed directly with the insurance company, in accordance with the policy terms and conditions. You acknowledge and agree that we do not have any control over the insurance provider or its coverage decisions, and as a result the Company is not responsible for and shall not be liable for policy coverage, claims processing or the denial of any claims.
16.3 Travel Insurance.
16.3.1: We strongly recommend that you obtain travel insurance prior to the period of travel. This may, without limitation, protect You (depending on the nature and terms of the travel insurance policy) from having to personally bear the fees resulting from
any cancellation or change to the Tour Contract as specified in clause 5 above.
17. Privacy
17.1.1: In order to make Your tour reservations and other bookings, we will collect certain information from You, including certain personal details such as age, gender, vocation, etc., and may share it with third parties, including government agencies, hotels, and other third-party service providers on an as-needed basis only. We may also collect Your credit card, debit card and other bank account details if You choose any of these mediums to make payments to the Company.
17.1.2: We aim to maintain the privacy of the information provided by our customers and will share only such information with
third parties as is necessary for the purposes of Your travel booking, reservation compliance with law and other travel related purpose. Such sensitive information will not be shared, transferred or sold by the Company to any third parties except for reasons or purposes provided in this clause. The Company does not provide or share Your personally identifiable or other information to third parties except as expressly provided in these General Terms and Conditions or otherwise after having obtained Your consent and permission. Notwithstanding any other provision of the Tour Contract, we may disclose and share Your information, including personal information, (i) to comply with any court order, law or legal process, including to respond to any government or regulatory request, (ii) to enforce or apply the Tour Contract and other agreements, including for billing and collection purposes, or (iii) if the Company believes disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
17.1.3: We may also request that You give us Your feedback and share Your experiences on the tour by providing us with testimonials. These accounts or information may be published or displayed on the Company on its Website(s) and on brochures,
presentations and other documents and can be viewed by the public. Such accounts and information may also appear in search results on the internet.
17.1.4: All data and information gathered from You by the Company shall be subject to the Company’s privacy policy (available at www.stunningdestinationssafaris.com ), as may be updated and modified from time to time. In any conflict between such privacy policy and of these General Terms and Conditions, of these General Terms and Conditions will control.
18. Miscellaneous
18.1 Communication with the Customers/Clients
18.1.1: The Company may ask for Your contact details in the form of telephone number, email address, or others, to communicate with You and inform You of the status of Your booking and reservations and to procure from You or provide You with additional information regarding the tour, change in schedule or itineraries, payments, cancellations, refunds and other tour related information.
18.1.2: If You prefer a particular method of communication only or do not want the Company to communicate with You via any particular method, You can submit a request with the Company to that effect. The Company shall thereafter communicate with You only via the medium selected and authorized by You.
18.2 Amendment
18.2.1: The Company reserves the right to modify these General Terms and Conditions from time to time to reflect changes in market conditions affecting our business, changes in our business, and changes in relevant laws and regulatory requirements. If we do so we will notify You by email to the email address you have provided us with, however we are not obliged to, and such modification shall be effective immediately upon public posting on a Company Website. Except as otherwise set forth herein, the Tour Contract may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.
18.2.2: We endeavor to regularly update the information provided to You, so that You may not face any inconvenience, difficulty or disadvantage while accessing any information. However, there is a possibility that the information, software, products, services, images on the Company Website(s) or other documentation may contain certain typographical and other errors on account of the oversight or lapse on the part of the Company and its employees. These inaccuracies will be rectified immediately once brought to the attention of the Company and its employees or other officers.
18.2.3: We recommend that You do not rely upon or act in accordance with any advice or suggestions received from any person except an authorized representative, employee or officer of the Company.
18.2.4: We may make any improvements or amendments to the content of the Company Website(s) at any time.
18.3 Severability.
18.3.1: If any provision of the Tour Contract is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision of the Tour Contract or invalidate or render unenforceable such provision in any other jurisdiction.
18.4 Termination.
18.4.1: Further to any remedies that may be provided under these General Terms and Conditions or the Tour Contract, the Company may terminate the Tour Contract with immediate effect upon written notice to You and without penalty or refund, if You:
18.4.2: fail to pay any amount when due under the Tour Contract;
18.4.3: have not otherwise performed or complied with any of the terms of the Tour Contract, in whole or in part; or
18.4.4: become insolvent, file a petition for bankruptcy or commence or have commenced against your proceedings relating to bankruptcy, receivership, reorganization or assignment for the benefit of creditors.
18.5 Waiver.
18.5.1: There shall be no waiver by the Company of any of the provisions of the Tour Contract once effective unless explicitly set forth in writing and signed by the Company. No failure to exercise, or delay in exercising, any rights, remedy, power or
privilege arising from the Tour Contract operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege under the Tour Contract precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege.
18.6 Assignment
18.6.1: After signing the Tour contract or agreeing to our booking terms and conditions, you shall not assign any of Your rights or delegate any of Your obligations under the Tour Contract without the prior written consent of the Company. Any purported assignment or delegation in violation of this clause is null and void. No assignment or delegation relieves You of any of Your obligations under the Tour Contract.
18.7 Survival
18.7.1: The Provisions of these Terms and Conditions and the Tour Contract, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Compliance with Applicable Laws, Mediation; Arbitration, Governing Law; Jurisdiction, Waiver of Jury Trial; Class Action Waive; and Time Limit for Claims, Insurance, Limitation of Liability, Indemnification and Survival.